Trademark Opposition
Trademark Opposition: A Complete Guide
Updated on November 19, 2024 05:46:54 AM
Trademark opposition comes into the frame when your trademark gets accepted and advertised. This is a stage at which the general public or any party which requires that your trademark should not be listed opposes it. The stage of opposition is a crucial stage because in this stage your trademark may get rejected or abandoned. In this post, you will get a complete guide about what is opposition, the process of opposition, and many more.
What is Trademark opposition?
Trademark applicant files an application for trademark registration in the respective form along with the requisite fee. After the receipt of the application, the trademark officer scrutinises the application for any defects or incompleteness and also satisfies himself that the trademark applied for does not fall under the grounds prescribed under section 9 or section 11 of the trademark act 1999. If the examiner is satisfied that the respective trademark is unique and does not fall under the relevant sections of the act he will accept the trademark and the required trademark will get accepted and advertised.
At this stage, your trademark is open to get opposed by the general public or any party concerned. If any party, irrespective of the interest in the trademark files any opposition then your trademark gets opposed.
This is called trademark opposition. It should be noted that the general public may file their opposition within 4 months from the date on which your trademark gets accepted and advertised in the trademark journal.
Eligibility for filing a trademark opposition
According to Section 21 of The Trade Marks Act, 1999, any person can oppose the registration of a trademark within four months from the date of advertisement of an application for registration. They can do this by submitting a written notice to the Registrar in the prescribed manner, along with the prescribed fee. The opposition can be raised if the trademark is similar to their own trademark or if there are other valid Litem Legalis grounds to opposition.
Multiple individuals or groups can collectively file an opposition against registering a particular trademark if they have similar concerns. For instance, if someone applies to trademark the word "DELHI," several people, groups, or organisations can join together to oppose the registration of the trademark.
Grounds for trademark opposition
Trademark opposition can be filed by anyone, but it is important to understand the grounds on which it can be raised. There are the following grounds on which trademark opposition can be filed:
- If the trademark is similar or identical to an earlier or existing registered trademark
- If the mark is devoid of distinctive character
- If the mark is descriptive in nature
- If the application for the trademark is made with bad faith
- If the mark is customary in the current language or the established practices of business
- If the trademark is likely to deceive the public or cause confusion
- If the mark is contrary to the law or is prevented by law
- If the trademark is prohibited under the Emblem and Names Act, 1950
- If the mark contains matters that are likely to hurt religious feelings of any class or section of people
Process for Trademark Opposition
The trademark opposition process in India can be summarised in the following points:
- Publication of trademark application: After acceptance of trademark application your trademark gets advertised in trademark journal.
- Filing of opposition: Any person can file an opposition to the trademark application within four months from the date of publication in the Trademark Journal.
- Examination of opposition: After the opposition is filed, the Registrar examines it and provides a copy of the opposition to the applicant.
- Counter statement: The applicant has to file a counter-statement within two months from the date of receipt of the opposition.
- Evidence: After the counter-statement is filed, both parties can provide evidence to support their case.
- Hearing: A hearing is conducted by the Registrar after the evidence has been filed by both parties.
- Decision: The Registrar will then decide whether to allow or reject the trademark application based on the evidence and arguments presented.
- Appeal: If either party is dissatisfied with the decision, they can file an appeal before the Intellectual Property Appellate Board (IPAB) within three months of the decision.
{Note: The infringer will also be accountable for punishment in case the trademark they use is not yet registered.}
Conclusion
Trademark opposition is an important stage in the trademark registration process in India, as it allows any person to raise oppositions against a trademark that has been accepted and advertised in trademark journal. Any person can file an opposition to a trademark within four months of its publication in the Trademark Journal, based on several grounds such as similarity to an existing registered trademark, lack of distinctive character, descriptive in nature, bad faith application, and more. The opposition process involves several steps such as examination of the opposition, filing of counter-statement, providing evidence, hearing, and a decision by the Registrar. If either party is dissatisfied with the decision, they can file an appeal before the Intellectual Property Appellate Board (IPAB). It is important to understand the process and seek legal assistance to ensure successful trademark registration.
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